Civil Liability Act 2002 (TAS)

Legislation au Tasmanian Legislation - Acts (TASLegAct) T A S M A N I A N L E G I S L A T I O N

Legislation content

Civil Liability Act 2002

An Act to effect civil liability reforms

[Royal Assent 19 December 2002]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Civil Liability Act 2002 . 2CommencementThis Act commences on a day to be proclaimed. 3Interpretation [Section 3 Substituted by No. 41 of 2003, s. 4, Applied:04 Jul 2003] In this Act, unless the contrary intention appears – [Section 3 Amended by No. 69 of 2005, s. 4, Applied:15 Dec 2005] adult average weekly earnings means the dollar figure for full-time adult ordinary time earnings for persons set out under the heading "AVERAGE WEEKLY EARNINGS, Australia: Original" in catalogue number 6302.0 published by the Australian Bureau of Statistics, as amended from time to time; court includes tribunal and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined; damages includes any form of monetary compensation; duty means – (a) a duty of care in tort; or (b) a duty of care under contract that is co-extensive with a duty of care in tort; or (c) another duty under statute or otherwise that is co-extensive with a duty of care referred to in paragraph (a) or (b) ; [Section 3 Amended by No. 69 of 2005, s. 4, Applied:15 Dec 2005] future loss means all or any of the following: (a) future economic loss; (b) future general expenses; (c) future medical expenses; (d) future gratuitous services; [Section 3 Amended by No. 69 of 2005, s. 4, Applied:15 Dec 2005] gratuitous services means services of a domestic nature or services relating to nursing or attendance provided to a person for which that person does not pay or is not liable to pay; non-economic loss means any one or more of the following: (a) pain or suffering; (b) loss of amenities of life; (c) loss of enjoyment of life; (d) curtailment of life expectancy; (e) bodily or mental harm; personal injury includes – (a) pre-natal injury; and (b) impairment of a person’s physical or mental condition; and (c) disease. 3AProvisions relating to operation of Act [Section 3A Inserted by No. 41 of 2003, s. 4, Applied:04 Jul 2003] (1) This Act does not create or confer any cause of civil action for the recovery of damages. (2)  A provision of this Act that gives protection from civil liability does not limit the protection from liability given by another provision of this Act or by another Act or law. (3)  This Act, other than Part 7 , does not prevent the parties to a contract from making express provision for their rights, obligations and liabilities under the contract in relation to any matter to which this Act applies and does not limit or otherwise affect the operation of such an…

Continue reading Civil Liability Act 2002 (TAS)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.